Valid sanction for corruption prosecution requires proof of applied mind and supporting material before the authority.

A sanction for prosecution under the Prevention of Corruption Act must show that the sanctioning authority considered the material facts and applied its mind to the alleged offence; if the record does not disclose that basis, the sanction is invalid. The prosecution here failed to prove the contents of the note said to have been placed before the authority, and a later implementing order could not cure that defect because validity had to be assessed on the material available when sanction was granted. The statutory presumption relied on had no application at the sanction stage, so the criminal proceedings were without valid sanction and the conviction and sentence could not stand.

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Issues: Whether the prosecution was vitiated for want of a valid sanction under the Prevention of Corruption Act, and whether the absence of material showing consideration of the facts before the sanctioning authority rendered the criminal proceedings without jurisdiction.

Analysis: The sanction order did not disclose the facts constituting the alleged offence or the grounds on which the sanctioning authority applied its mind. The prosecution led no evidence, primary or secondary, to prove the contents of the note said to have been placed before the sanctioning authority. A later implementing order could not cure the defect, because the legality of sanction had to be tested on the basis of the material before the authority at the time sanction was granted. The statutory presumption relied on by the respondent had no application at the stage of granting sanction, and the Court declined to permit the prosecution to fill the lacuna at a late stage.

Conclusion: The sanction was invalid, the prosecution was incompetent, and the conviction and sentence could not stand.

Final Conclusion: The appeal succeeded because the criminal proceedings were held to be void for want of a proper sanction, resulting in quashing of the conviction and sentence.

Ratio Decidendi: A sanction for prosecution must itself disclose, or be supported by evidence proving, the facts placed before the sanctioning authority and the authority's application of mind; absent this, the prosecution is without valid sanction and the proceedings are void.

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